Roberts temporarily prevents ending of Title 42
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Republicans are trying to stop Biden from rolling back the one ostensibly COVID-related rule they actually like, because it is not actually about protecting public health:
Chief Justice John G. Roberts Jr. on Monday temporarily left in place a pandemic-era policy that allows the government to quickly expel millions of migrants from U.S. borders and had been set to expire Wednesday.
Roberts’s brief order was an “administrative stay” that allows the court to consider an emergency application from Republican state officials who want the Title 42 policy to remain while litigation continues.
The action follows a ruling by a federal appeals court in Washington on Friday that paved the way for the Biden administration to terminate the policy on Wednesday, and to once again allow migrants who cross the southern border illegally to seekasylum without the risk of being expelled.
Roberts, who reviews emergency requests from the U.S. Court of Appeals for the D.C. Circuit, gave the Department of Homeland Security and immigrant advocates until 5 p.m. Tuesday to respond to the request from Republican state officials, which was submitted on Monday. The call for responses typically means that the full court will be involved in deciding the matter.
This could end up being just a brief, pro forma delay — but given the current composition of this Court I wouldn’t put any money on that.